Commercial/business Services
| At Eden King Lawyers, we offer the following services to our clients:
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Leases and Property Law
Things to consider before entering into a Commercial Lease
- Rent payable, including considerations for annual market rate increases;
- Rent review, including considerations for overall return on investment over a certain number of years;
- Outgoings, including council rates, water rates, enclosure permit costs, land tax, all risk policy and insurance, GST;
- Expenditures, including water, gas, electricity, telephone, heat and other utilities that are provided to the premises;
- Bond or bank guarantee, including cash bond or bank guarantee for the amount specified in the Lease as security;
- Goods and services tax (GST), including any taxable supply, and any GST payable in addition to the costs of the supply;
- Legal costs, including reasonable legal costs and disbursements to negotiate and preparing and registration of the lease;
- The intended use, state of repair and suitability of the property, including making enquiries with the relevant Council that the intended use is permitted without consent;
- Maintenance, repairs, alterations and additions requirements and restrictions, including keeping the premises and all fixtures and fittings in a state of good repair, fair wear and tear and damage caused by flood, fire and storm.
- Policy and insurance applicable to the premises to cover against any claim for damage to the premises or injury to person occasioned from the premises and during the running of the business;
- Guarantor to guarantee that they will be jointly and severally liable to the due payable of all money payable including damages to the premises and outstanding rents and payments; and
- Default and termination, standard lease provides the party in default with 30 days to rectify any breach, including removing any fixtures, fittings, machinery and goods from premises.
Advice & Litigation
How do I start a Litigation Claim?
You may be able to start a Litigation Claim if you satisfy the following:
Step 1: You have suffered a loss (financial loss/injury) due to the act or omission of another party?
Step 2: That party’s act or omission had caused your loss directly/indirectly.
Step 3: The person is unwilling and/or not prepared to compensate your loss.
If you satisfy the above, Eden King Lawyers can review the facts of your case and advise you on potential claims you may have against the other party that resulted in your loss. A
We understand litigation matters are stressful, time consuming and expensive, thus we always aim to provide you with strategic and cost-effective advice to resolve the matter at an early stage without the need to commence legal proceedings.
However, if you decide to proceed to legal proceedings we have the knowledge and expertise to prepare for the proceedings and to attend court.
Our Litigation services
- Debt recovery
- Commercial disputes
- Professional Negligence
- Contract disputes
- Defamation
- Insolvency
- Bankruptcy
- Trade practices
- Corporations disputes
- Dispute resolution
- Property disputes
- Equitable disputes
Banking and Finance services
Things to consider when buying a business or franchise
- Financial records of the business - including profit and loss, balance sheet, and business activity statements etc to assess the financial viability and return on investment.
- Structure of the business - such as company, partnership, sole trader, or trust:
Company: you can own and operate the business as a director, and shareholder. You will be regulated by the Corporations Act 2001(Cth), and be responsible for trading, tax, record-keeping and reporting to ASIC.
Partnership: you can own and operate the business with another owner or owners, and the parties be in a partnership meaning each partner is jointly and severally responsible for all the liabilities and debts of the business.
Sole trader: you can own and operate your own business through your individual name, and you will be responsible for all business liabilities and debts.
Trust: a trustee is appointed to own and operate the business for the benefit of the beneficiaries of the trust, and the beneficiaries may not be personally liable for the business debts.
- Plant fitting fixtures, such as what plant, equipment and machinery’s are included with the business and the Contract of Sale, and depreciation value over time.
- Stock - including consideration as to whether the trading stock is included in the purchase price or in addition to the purchase price or are you obligated to purchase the stock.
- Premises consider the type of real estate contract and/or lease you may be subject to that are interdependent from the sale of the business. Important factors to consider include, rent, option to renew, outgoings and contributions, terms and conditions, relevant Council consents are available for the particular premises, and suitable for the intended usage.
- Contacts and details – ensure all plant, equipment and machinery registration details are transferred to your business and title. Also, ensure all email, phones, and domain details are transferred at settlement.
- Business name – ensure the Contract of Sale includes conditions for the transfer and registration of any business names and titles.
- Existing employees – when employing existing staff members ensure to get their full details, including full name and contact details, salary, employment status and position, any leave and holiday entitlements, and any employment contracts.
- Restraints of trade – consider the geographical location of your business and any potential competitors.
- Goods and Services Tax (GST) – check with your accountant to see if you are required to be registered for GST depending on the type of business.
How helpful are commercial litigation lawyers for small business disputes?
Our commercial lawyers in Parramatta are the professionals you can depend on in the early days of your business. According to lawyers, legal disputes concerning finance and security are significant concerns for businesses in Parramatta. If this is your current situation, you will require a skilled and knowledgeable commercial lawyer in Parramatta to settle the issue once and for all through negotiation and legal processes. Our commercial lawyers can guide your firm and make your life easy by saving money and time.
There are many reasons you should hire the help of a commercial lawyer even while facing a small dispute, some of which are listed below.
Your lawyer wants you to focus on commercial growth
Handling the commercial aspects and trying to pay full attention to your company in Parramatta may become confusing once your business begins to grow. Without a lawyer or legal advice, if you only focus on commercial concerns, you may end up aggravating or causing disputes. Hiring a commercial lawyer in Parramatta to handle these challenges will allow you to manage the company without worrying about making missteps or compromising your rights.
Protection of commercial and national rights
Every commercial business in Parramatta has the power to own certain commercial rights that allow them to function effortlessly in a particular country, and every lawyer knows it. Without the help of a lawyer, disagreements in the commercial sector can occur when an individual fails to correctly practise commercial regulations. If such a case transpires, our commercial lawyer in Parramatta will be able to review the root cause of the dispute.
Based on the information obtained, our commercial lawyer in Parramatta will find it easier to negotiate against the argument to protect your company and commercial rights. Also, if you hire a commercial lawyer, you’re showing your clients that you are serious about solving commercial conflicts and protecting your rights, which could reinforce their loyalty toward you and your business.
A commercial lawyer in Parramatta is essential if you want to solve company disputes quickly. As professional commercial lawyers in Parramatta, we have vast experience in resolving disagreements between commercial parties efficiently without endangering either side. Our lawyers would be honoured to protect your commercial rights and assets to ensure your clients retain their loyalty and satisfaction.